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State and Federal Courts Rule Against Oklahoma Governor in Gaming Cases

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HOWNIKAN Zawbogyagises | September 2020 Top photo: Buckwheat at the Bodewadmi Widoktadwen Gtegan, CPN Community Garden. State and federal courts rule against A LOOK INSIDE Oklahoma governor in gaming cases Page 2 On July 28, U.S. District Judge Timothy DeGiusti ruled in favor of nine Oklahoma-based tribes on whether model gaming compacts automatically renewed on Jan. 1, 2020. Oklahoma Gov. Kevin Stitt contended that the compacts did not automatically renew. Cultural Heritage Center secures “Today’s ruling confirms what we grant funding to update galleries have always maintained: our gaming compact automatically renewed, based on the state’s actions as they are clearly Page 6 defined in the original compact,” said Citizen Potawatomi Nation Tribal Chairman John “Rocky” Barrett. “The Citizen Potawatomi Nation has become the economic driver of our region, due in large part to our gaming operations. This legal victory for our Students and parents enjoy Nation and the people of Oklahoma Virtual STEM and Healthy means we can continue to provide the jobs and services so valuable to Eats camps Oklahomans and our Tribal citizens.” Oklahoma State Supreme Court Justices rule against Gov. Stitt's overreach. Page 12 The Chickasaw, Choctaw and Cherokee “It is undisputed that organization Court ruled that Stitt overstepped his nations filed a lawsuit on Dec. 31, 2019, licensees (horse racetracks) have been authority by signing gaming compacts CPN’s Chief Justice gives in dispute of the governor’s claims. They authorized, and are currently authorized, with the Otoe-Missouria Tribe and thoughts on Native American were soon joined by six other tribal to conduct electronic gaming as well as Comanche Nation this spring. mascots nations, including CPN. The tribes cited betting on live horse racing. The disputed a provision in the compacts approved by issue is whether this authorization The litigants opposing the governor Pages 14-19 Oklahoma voters in 2004 that allowed for was ‘pursuant to any governmental were Republican Speaker of the House the automatic renewal of the compacts action of the (S)tate’ taken after the Charles McCall, Republican Senate Pro Tribal Executive and upon government action sanctioning effective dates of the Compacts.” Tempore Greg Treat and Republican Legislative updates horse racing tracks’ gaming licenses. State Attorney General Mike Hunter. As The governor has not indicated if he prescribed in the state constitution, the “A great deal of time and money would appeal to a higher court at court reaffirmed that the governor has Page 20 have been wasted on this needless the time of print. He did, however, the right to negotiate on behalf of the Walking on litigation with the State. Our hope is issue a broad, hyperbolic statement state on tribal gaming compacts, but he for a new relationship with Governor apparently intended to sow fear of tribal cannot bind the state to compacts that Stitt in which mutual respect and governments and their legal status as violate or purport to change existing state the honoring of agreements becomes fellow governments in Oklahoma. law and policy. Representatives in the the norm. I am grateful that the rule state legislature elected by Oklahomans of law has prevailed,” Barrett said. “The federal court determined that the must approve new gaming opportunities 2004 Gaming Compact auto-renewed and any other changes to state law The tribes’ argument centered on the for 15 years because of an action taken or policy. Oklahoma law currently Oklahoma Horse Racing Commission’s prohibits sports betting and house- PR SRT STD PR SRT US POSTAGE by an agency’s unelected board to reissue PAID PERMIT NO 49 PERMIT STIGLER, OK 74462 years-long practice of annual licensure licenses for gaming at horse racing tracks,” banked card and table games, meaning of gaming operations at Oklahoma the governor’s statement read. “This the executive branch was not legally racetracks, including two such licenses decision, coupled with the recent U.S. allowed to sign these specific compacts. in October 2019 for The Cherokee Supreme Court ruling on McGirt, means “The Supreme Court affirmed what Nation’s Will Rogers Downs and the Oklahomans have important questions my office has opined, and the pro Chickasaw Nation’s Remington Park. to face regarding our future. Among Both racetracks have offered Class III tempore of the Senate and the speaker other things, we will need to explore of the House of Representatives have electronic gaming for 15 years. The the challenges of who will pay taxes and governor’s argument — that these argued all along,” Attorney General who won’t, of how we will guarantee a Hunter said. “The governor lacks gaming licenses issued by the state board competitive marketplace, and of how the did not amount to state government the authority to enter into and bind State will fund core public services into the state to compacts with Indian actions authorizing gaming — failed the next generation. In short, we face a tribes that authorize gaming activity to convince the federal court judge. question of constitutional proportions prohibited by state law. ... We hope about what it means to be the state Judge DiGiusti wrote, “The … critical this settles and advances the resolution of Oklahoma and how we regulate question is whether the Compacts of gaming compact negotiations.” and oversee all business in our state.” automatically renewed … because the Stitt has asked for a rehearing of the case. conditions of the renewal provision Oklahoma Supreme Court were met: Were ‘organization licensees rules for State AG and Troubling agreements or others … authorized to conduct Legislature against governor electronic gaming in any form other Those compacts, and later ones signed than pari-mutuel wagering on live horse Just a week prior to the federal court between the governor and the United racing pursuant to any governmental ruling, the governor’s position was Keetoowah Band of Cherokee Indians action of the state … following the further eroded by the state’s highest effective date of this Compact’? court. The Oklahoma State Supreme Continued on page 2 2 SEPTEMBER 2020 HOWNIKAN Cultural Heritage Center secures grant funding to update galleries The Citizen Potawatomi Nation Cultural Heritage Center recently received an Institute of Museum and Library Services grant in the amount of $98,259 to update the CHC’s final two galleries and educate visitors on the Nation’s history since arriving in present-day Oklahoma. “We hope that by enhancing these galleries with immersive and interactive displays, community members and visitors will understand the lasting impact that these events had and still have on the culture and future of CPN,” said Blake Norton, Cultural Heritage Center curator. “Additionally, our goal is for Tribal members to gain an increased sense of cultural identity, pride and Tribal patriotism as well as a fuller understanding of what it meant and still means to be Potawatomi.” Application To begin the process, CHC staff and CPN Office of Self-Governance completed a project analysis and needs statement that detailed the plans Renovations seek to inform and engage visitors on the last 150 years of Tribal history. and the fund’s potential impact. “As always, we are very appreciative for the Public Information Department cultural preservation have all sewn “The CHC always has interesting and the assistance provided by the Office of is an invaluable partner on this a thread of unity within the Nation engaging projects going on; I like that Self-Governance in the submission of project,” Norton said. “The same and provided solid footing for the my small part in their continuing success our grant applications,” Norton said. can be said about IT, which assisted future,” Norton said. “We hope that by CHC staff with all interactive exhibiting these successes the community helps them deliver culture and history Implementation to Tribal members in innovative ways,” displays currently in the museum.” will feel empowered and more aware, said CPN Office of Self-Governance After receiving notice of the award, resulting in continued proactivity Grants Analyst Jeremy Arnett. CHC staff, CPN departments and Atlas The new galleries will highlight the from members and future leaders.” Fine Art Services began collaborating hurdles and triumphs the Nation has Missing deadlines or omitting in the summer to develop the faced since the 1870s, he added. Construction is set to begin fall 2021 specific information could result in project’s outline, style and content. and last through spring 2022, just in a loss of opportunity and dollars. “Constitutional establishment and reform, time to reveal to the community during He and other self-governance “With such a skilled staff of researchers, diversification of enterprises as well as Family Reunion Festival 2022. For more employees ensure requests fulfill all writers and artists, whose strengths a myriad of programs devoted to Tribal information on the Cultural Heritage requirements before submitting. can regularly be seen in the Hownikan, services, community development and Center, visit potawatomiheritage.com. Veterans report National Native American Veterans operations,” according to the National Our CPN Veterans Organization Memorial last fall, and come Nov. 11, Museum of the American Indian website. meetings are still on hold 2020, all will have an opportunity to until further notice. join the virtual dedication ceremony. Please note, the National Museum of More information will be shared is the American Indian is closed due to Migwetch forthcoming, please watch this space. the COVID-19 pandemic. For more (Thank you), information on the virtual dedication “The memorial honors the commitment ceremony, visit cpn.news/nnavm. Daryl Talbot, Commander and bravery of Native American [email protected] Bozho service members who served in the VA representative 405-275-1054 (Hello), U.S. Armed Forces, often paying with [email protected] their lives — the ultimate sacrifice 918-397-2566 Virtual dedication ceremony of many American families.
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